Her suit was filed in September. According to U.S. District Judge William Martinez in the case, the motion was granted to dismiss MacIntyre and the other Colorado officials from the case this week because the university’s rules weren’t designed to protect Fine because she was not a university employee.

“Defendants’ alleged failure to follow the university’s rules and policies did not increase the risk of harm to (Fine) given that, as someone with no affiliation with or connection to the university, she was not within the group of individuals that the policies were designed to protect,” Martinez wrote in the ruling, which was issued Wednesday.

A suit still stands against Tumpkin.

Tumpkin resigned after the 2016 season

Tumpkin, Colorado’s former defensive backs coach, tendered his resignation from the school days before the charges against him were filed. He was suspended before his resignation after the accusations surfaced and resigned following a temporary restraining order granted against him.

Fine said Tumpkin first abused her in 2015 and choked her the night before Colorado’s game against Washington State in 2016 and also after the game. Tumpkin was promoted to interim defensive coordinator in December 2016 and served as Colorado’s primary defensive play-caller in the Alamo Bowl against Oklahoma State, his final game with the school.